Legal Question in Landlord & Tenant Law in California

Do I have any legal liability?

I just discovered that my landlord is delinquent in his mortgage payments for the house I am renting from him. My lease originally was set to expire on June 30, but I asked for and was given an extra month until the end of July.

I did not sign a new rental agreement for this extra month even though he said he would send me one. Additionally, I pre-paid him for the month of July, so I only have 2 payments left to make: for May and June. If his house goes into foreclosure, am I liable for ANYTHING? Also, is he able to ''evict'' me before my lease is up?

We do have a written agreement via email for the extra month of July.

The notification of deliquency was made this past week. I appreciate any guidance you can give me.


Asked on 4/12/08, 4:23 am

1 Answer from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: Do I have any legal liability?

Thanks for the "thanks"...something rare around here.

The LL being delinquent is not material at this point. You have a contract with LL that is not dependent on foreclosure, or not.

Technically, our courts have yet to recognize e-mail for adhering to contracts,

Also, many foreclosures take about 4 months, so do not worry about things that are not germane to your problems.

If the house goes into foreclosure, you will still owe payment to the new owner, and the new owner is responsible for the refund of your deposit.

Finally, you can't get evicted (at present). You worry too much. Cool it!

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Answered on 4/12/08, 2:58 pm


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